Terms and Conditions

This agreement applies as between you, the User of this Website and Artin Education Pty Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Artin Education Pty Ltd makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Artin Education Pty Ltd proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": means Our place(s) of business;
"System": means any online communications infrastructure that Artin Education Pty Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Artin Education Pty Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (artineducation.com.au) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Artin Education Pty Ltd, a company incorporated in Australia.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Artin Education Pty Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in applicable Australian copyright law apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Artin Education Pty Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site artineducation.com.au without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at contact@artineducation.com.au.

9. Use of Communications Facilities

9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable, including Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language;
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
You must not impersonate other people, particularly employees and representatives of Artin Education Pty Ltd or Our affiliates; and
You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that Artin Education Pty Ltd reserves the right to monitor any and all communications made to Us or using Our System.

9.3 You acknowledge that Artin Education Pty Ltd may retain copies of any and all communications made to Us or using Our System.

9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.

10. Accounts

10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:

all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up-to-date.

10.2 You agree to not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.

10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend and/or recover your Account.

11. Termination and Cancellation of Accounts

11.1 Either Artin Education Pty Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Artin Education Pty Ltd correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances.

12.2 Where appropriate, you may be required to select the required Plan of Services.

12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order.

12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Artin Education Pty Ltd and you.

13.2 Order confirmations will be sent to you before the Services begin and shall contain confirmation of the Services ordered, fully itemised pricing, relevant times and dates, and user credentials for accessing those services.

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee and at the same day of each subsequent month for charges accrued during the previous billing cycle, and/or as indicated in the order confirmation you received.

13.5 We aim to fulfill your Order within 2–3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances.

13.6 Artin Education Pty Ltd shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Services you order from Artin Education Pty Ltd. If you need to speak to us about your Order, please contact us on +61 490 004 231 or by email at contact@artineducation.com.au.

All sales are final, with no refunds available.

15. Privacy

Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference.

16. How We Use Your Personal Information (Data Protection)

16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Australian Privacy Act 1988 and your rights under that Act.

16.2 We may use your personal information to provide Our Services to you, process your payment for the Services, and inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

16.3 In certain circumstances and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Australian Privacy Act 1988 and should use and hold your personal information accordingly.

16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.

19. Availability of the Website

19.1 The Website is provided "as is" and on an "as available" basis. Artin Education Pty Ltd uses industry best practices to provide a high uptime. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages.

19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein.

20.2 Nothing in these Terms and Conditions excludes or restricts Artin Education Pty Ltd's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

20.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Artin Education Pty Ltd.

24. Communications

24.1 All notices / communications shall be given to Us either by post to Our Premises or by email to contact@artineducation.com.au.

24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Artin Education Pty Ltd shall be governed by and construed in accordance with the laws of Victoria, Australia and Artin Education Pty Ltd and you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

26. Missed Classes

Artin Education Pty Ltd records all the lessons for our Group Coaching programs, which is made accessible using our online Learning Management System, and students are expected to catch up in their own time if they miss a class.

For Private Tutoring lessons, the lesson will be considered complete if a student does not show up and does not contact their tutor at least 24 hours in advance of the agreed lesson time, in writing, to reschedule. This will apply unless an alternative agreement is made between the student and tutor.

27. Late Enrolments

Late entrants will pay a pro-rated fee based on the duration of the term remaining unless otherwise advised. The resources from the previous missed weeks will be provided to the student. The student must find their own time to catch up with the missed classes.

Artin Education Pty Ltd does not take responsibility for late entrants who are unable to catch up.

28. Payments

Payment must be made in advance when signing up. No student will be allowed to commence prior to payment clearing, nor will they have access to the relevant subject via our online Learning Management System.

29. Marketing

By enrolling in our programs, Artin Education Pty Ltd reserves the right to use student names for marketing purposes.